Legal Question in Business Law in California

New Engine

My 1995 t-top z28 camaro with a 5.7 corvett engine always has and was running in perfect condition-it only has 72,00 miles on it and its never been in an accident or run hard.When I brought it in tho have the oil and oil filter changed I also asked them the check all the fluids(transmissiom,brake,water,...)They said it came with the package for a little extra money and so the receipt shows all the things the ''subpossedly'' checked and all were markered off as full. no replacments needed. Well after I picked up the car I drove home whicjh is about a 6 minute drive and waited about 2 hours before I left again to pick up my boyfriend from work which is about 7 minutes away(5 minutes on the freeway As I began getting off the freeway my car suddenly went into a lower gear(Its an automatic)and everything turned off and it began smoking.I put the car in park a then a few guys helped me push it to the side of the road. There was no water or coolan in the car(we filled it with 2 gallons of water and a gallon of coolant)and no water had spilled in or around the engine but the radiator cap had blown off. Now the car wont even start and the oil gage isnt regeristing.The car even in N was exteremly difficult to push!Arnt the service men liable?


Asked on 5/20/04, 10:17 am

3 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: New Engine

You would probably get more answers, and better ones, putting this question in the negligence or tort category, not business law. It does relate to a business, of course, but the essence is harm resulting from negligence.

However, I can give you an opinion. It sounds to me like a good matter to take to small-claims court. You don't need a lawyer and you can sue for up to $5,000. Get an estimate on your car or go ahead and have it repaired. Obtain and save receipts, estimates, opinions of what happened, and all that. Then buy or borrow a self-help law book on how to win your case in small-claims court and follow the instructions carefully.

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Answered on 5/20/04, 11:38 am
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: New Engine

If the coolant was full, they may never have taken the cap off. They check it by the reservoir, no? In that case, it would not be their fault that the cap was off or that the coolant leaked/blew out.

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Answered on 5/20/04, 12:21 pm
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: New Engine

In a word, "YES!."

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Answered on 5/20/04, 4:32 pm


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